I have received a Notice From Civil Judge to Appear in the Court next month for a Social Media Post (Defamation Suit)
In Feb 2022, I shared a post on Social Media about a famous Coaching Centre's misleading ad where I shared an image of their ad from newspaper and wrote that such advertisement should be banned without taking their name in the caption
They are suing 3 other Defendants including the social media platforms, though they are not seeking any compensation now but added a clause that they reserve the right. They want to delete all the posts, URLs and refrain all of from posting anything further
I would like to understand what should be my plan of action?
a) The Court is far away from my city so what would happen if I don't appear in the court?
I can take the post down since it's 8 months old event. But What are the possible complications and what happens in such cases?
A.Dear Sir,
It being a Civil suit there will be no immediate consequence, it may take three to four years. You may engage any advocate who is practicing in the jurisdiction of that Court by sending your Vakalat .Your personal presence is not required.
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Subhashis Paul
Responded 1 year ago
A.You may appoint an advocate to represent you before the learned civil court on the date of hearing. Whereas, if you are not being able to travel so far then you can appear by virtual mode also before this learned court (if applicable). In cases like defamation, if the person who has been summoned does not appear before the court then the learned court has all the right to pass any order on exparte basis due to absence of witness/ party. In case of defamation the punishment shall be in the form of penalty fine or imprisonment or both.
A.Dear client,
Any person held liable under section 499 i.e for defamation will be punishable with imprisonment of two years or fine or both.
In case of non-attendance of the witness or default, the court has the power to punish the person. When the defendant is absent on the day of the hearing as fixed in the summon an ex-parte decree can be passed.
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